When you purchase one of our programs or services, you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. By purchasing one of our programs or services, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian.
These terms apply to the use of this Website, including the use of the information services provided through this Website.
Upon registration as a member, you will be provided with a password and account. You agree to pay for our services in the manner specified on the Website. We are entitled to rely on the password-protected access to your account as conclusive evidence of your identity and authority without further investigation.
If you, or a user on whose behalf you register (including a minor), breaches these terms and conditions, you acknowledge that we may immediately terminate your account, without refund, and take appropriate legal action (if we choose) against you alone.
If you are registering on behalf of a minor, it is your responsibility to inform them of their obligations as a user of this Website and ensure compliance with these terms.
CONDITIONS OF USE OF SITE
- Seek advice from Medical Professional
As with any physical activity, it is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.
- Our Service
Our service shall be delivered as described from time to time on our website. We confirm that access to any specific trainer mentioned in our website, including Mark Standeven or Russell Kempster, in person, or on-line is not guaranteed
- Information Provided on Site
All information provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update any information at any time. In addition, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the information service provided through it. We are not liable for any loss arising from any action taken or reliance by you on any information or material posted by us.
- Fitness Level
You require a moderate level of fitness to participate in our programs or services. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of new fitness regime should consult with an appropriate healthcare professional before beginning any fitness program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website. Our information service may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. In particular, we strongly advise the following classes of persons firstly consult a healthcare professional (this list is non-exhaustive):
- pregnant women;
- persons with any on going physical condition such as
- persons suffering from cancer or other long term illness;
- persons with liver disease, kidney disease, or renal failure,
- persons with eating disorders;
- persons with diabetes, blood pressure or cholesterol issues
- elderly persons;
- persons recovering from or recently recovered from illness or injury; and
- persons with a low body mass index.
You acknowledge that, by participating in our information service, you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of the Website, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. This is a risk warning pursuant to relevant State fair trading legislation and the Trade Practices Act 1974. You assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.
- Quality of Service
We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an “as-is” and “as-available” basis. We can not ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Face book or Twitter from us cannot be guaranteed. The delivery of video messages is dependant upon third party providers and therefore outside of our control. Low internet connection speeds may result in an inability to view high resolution videos, but we will use our best endeavours to provide an alternative wherever possible.You may be entitled to a refund in limited circumstances. See the clause (payment and refunds) below for further details.
- Third Party Content
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, actions or failure to act of any third parties referenced on the Website. Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Program Administrator at email@example.com. We may investigate the claim and take appropriate action, in our sole discretion.
LIMITATION OF LIABILITY
- Indirect and Consequential Loss
To the extent permitted by law, and subject to clause 7, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, any linked website, or your reliance on any information obtained through the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
- Terms Implied by Law
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:
- if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
- if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.
- Total Liability
- To the extent permitted by law, our total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued.The limitation of liability set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You agree to indemnify us and our employees, agents and subcontractors, from and against any third party claims, and must pay on demand all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises out of your use of the Website, including your use of the Website to provide a link to another site or to upload content or other information to the Website.
Copyright in this Website (including text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of personal use, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except where expressly stated, you may not in any form or by any means:
- adapt, modify, download, reproduce, distribute, publicly display, perform, publish, create derivative works or otherwise publicly make available any part of this Website; or
- commercialise or exploit any information, products or services obtained from any part of this Website;
without our written permission or, in the case of third party material, from the owner of the copyright in that material. Unless we agree otherwise in writing, you are provided with access to this Website only for your personal use and review. You are authorised to listen, view, retrieve, personally store and print a copy of any information contained on this Website for your personal use. Without limiting the foregoing, you may not without written permission from us on-sell information obtained from this Website or post it to another website.
You warrant that you have all the necessary rights and permissions needed to submit content to the Website, whether that content be articles, images (moving and still), text, graphics, sound, stories, software or other copyrightable material (User Content). Where you are the owner of the intellectual property rights in User Content, you assign to us all right, title and interest in and attached to the intellectual property in the User Content with effect from the date you submit it to the Website. Where you are a licensee of the intellectual property rights in the User Content, you grant to us a royalty-free, non-exclusive world-wide licence of the intellectual property rights in the User Content to use, copy, sub-licence, re-distribute, adapt, transmit, publish and/or broadcast, publicly perform & display on any media platform and by any means.
To the full extent permitted by law, you consent to us (and all persons authorised by us) infringing any of the moral rights (as that term is defined in the Copyright Act 1968 (Cth) and includes the same or similar moral rights that may exist in jurisdictions other than Australia) that you may have in the Works. To the extent that consent is not effective in any jurisdiction, then you waive any moral rights you may have.
We have the right, but not the obligation to monitor User Content and we may remove or refuse User Content which we consider, in our sole discretion, to be:
- infringing third party rights (including copyright);
- misleading or inaccurate;
- without basis or sound reasoning; or
- in breach of the Permitted Uses for the Website (below).
Notwithstanding our right to supervise, we accept no responsibility or liability for User Content. You must ensure that the content you upload does not infringe the copyright, moral or other rights of third parties (such as privacy or publicity rights), and you agree to indemnify us against any third party claims arising from your use of the Website in breach of this clause.
Visitors to the Website who believe their intellectual property rights (including, but not limited to, copyright) are being infringed can issue a Take Down Notice. Please contact Program Administrator at firstname.lastname@example.org.
We explicitly prohibit use of the material on this Website in any manner other than as expressly allowed by us in these terms. With respect to your use of or participation in any interactive facility on the Website, you acknowledge and agree that:
- you are legally responsible for all content you submit;
- under no circumstances will you post any material, or engage in any behavior, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
- we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;
- you will not:
- post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;
- post or transmit false or misleading material or make any form of misleading or deceptive representation;
- knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other corruptible material;
- exploit the activity for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements or “spam” or any other means that are contrary to our commercial or lawful interests);
- provide access or links to any computer files that contain material which may infringe the intellectual property rights of another person; or
- delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and
- at our request you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.
The Website may reference or link to third party sites on the internet. We have no control over these sites or the content within them. We cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.
PAYMENT AND REFUNDS
Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Acceptance and continued access to our service is always subject to payment first being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant subscription that is the subject of your order. We reserve right to terminate your access our service if you are not up to date with any payment plan that may be offered.
We expect that we will use PayPal payment gateway or a similar service for most financial transactions. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.
Our subscription fee and other charges are GST inclusive. The receipt of payment that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to GST.
All fees are non-refundable, unless:
- the information service is not available for a period lasting more than 3 days. In this circumstance, a pro rata refund may be granted upon written request by email at email@example.com, however you acknowledge that we may refuse a request where we are able to provide the information service to you through alternative means (such as email, twitter etc); or
- we agree to issue you with a refund in accordance with the clause (variation) below.
Upon receipt of a refund your agreement with us is at an end and we will cancel your account. You agree that this is your sole remedy in these circumstances.
All fees are non cancellable and non refundable except as expressly set out in these terms and conditions. You will not be able to terminate your subscription prior to the end of the subscribed term, you will not be granted a refund. If you have chosen to pay the subscription fee in instalments, you acknowledge that your account will continue to be debited until the end of the subscribed term if you do not pay in full upfront.
We may vary, amend or add to these terms at any time. Without limiting our right to give notice by any other means, you will be deemed to have:
- received notice of such changes when we place a notice on the Website setting out the changes; and
- agreed to the terms and conditions as varied the next time you access your account after we publish the notice on the Website.
If you do not agree with the changes, then prior to you accessing your account you may notify us by emailing firstname.lastname@example.org and requesting a refund. Where the proposed changes have a more than a minor detrimental effect on your circumstances (in our reasonable opinion), we will refund a percentage of your subscription fee calculated by reference to the amount of time remaining on your subscription.
This Website seeks to adhere to the “Internet Industry Code of Practice” (“IICP”) available at www.acma.gov.au. In accordance with the obligations on Content Hosts described within the IICP, we:
- encourage those users who upload content to use appropriate warnings and/or labelling systems in respect of material which is likely to be considered unsuitable for minors according to the Classification (Publications, Films and Computer Games) Act 1995 and relevant Classification Guidelines, even though such material may not be Prohibited or Potential Prohibited Content;
- notify you that you must not place on the Website content that is in contravention of any Australian State, Territory or Commonwealth law;
- warn you to be aware of the risks of using social media websites such as forums and chat rooms and encourage you to read further information on how you can minimise the risks for you and your children, by visiting www.cybersmart.gov.au, or following the link in the bullet point below;
- encourage you to read the Internet Industry Association’s (IIA) Guide for Internet Users for information about methods of supervising and managing your children’s access to internet content and obtaining an IIA Family Friendly Filter at: http://www.iia.net.aa/;
- notify you that you have a right to make complaints to the Australian Communications and Media Authority about content which you believe may be Prohibited Content or Potential Prohibited Content in accordance with the Classification (Publications, Films and Computer Games) Act 1995 and relevant Classification Guidelines, by visiting www.acma.gov.au; and
- encourage you to contact Program Administrator at email@example.com if you would like to make a complaint about any of the content shown on the Website, or have any queries regarding unsolicited commercial emails (SPAM) received from us, or seek further information regarding the above obligations.
We request the Australian Communications and Media Authority contact the Program Administrator at firstname.lastname@example.org to send any takedown notices.
You consent to your personal information being used and/or disclosed for any reasons given to you by us in relation to the collection, use and disclosure of your personal information. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health or your details related to how you pay for our services. For example, you consent to us using and disclosing information about your age, name, height and weight for the purposes of publicly profiling your fitness on the Website, displaying the results of competitions, promoting the service and encouraging other members as well as to financial service providers to allow processing of payments. Unless you ask us not to, we may also use your personal information to send updated information and other promotional material to you.
If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.
The terms underneath the following headings survive the termination and expiry of this agreement: “disclaimer”, “limitation of liability”, “indemnity”, “intellectual property” and “user-generated content”.
These terms are governed by the laws in force in Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction, and courts hearing appeals from those courts.